Is your creative business protecting its copyright?

Photo by 2H Media on Unsplash

Copyright is the bedrock of value in the UK’s thriving creative industries

Whether you're web designers or academic innovators, copyright protects creative works in their recorded form (not the idea, but their tangible expression).

Built on knowledge, protected by copyright

The UK is a strong knowledge economy, and as a result, most businesses create copyright works as part of standard business operations.

Creative businesses do so as their main driver of business and need to have a strong handle on copyright (and IP in general).

The creation of software has also been a huge driver of growth in recent years, and whether it's the code base behind a system for bookkeeping or software systems introduced into cars, copyright is the main avenue to protect and enforce your unique offering to the market.

Another burgeoning realm is that of big data. Many businesses produce and process large quantities of data as part of their operations. This data in and of itself, as well as the insights analysis produced (and thus the optimisations it brings forth) all fall under copyright's remit.

Of course, the latest frontier is AI, which opens a whole new can of worms regarding the protection of proprietary data and creative works, as large models are seemingly being trained on others' creative works.

Understanding copyright and its role in your business has never been more important.

What kind of things does copyright protect?

Types of creative works that businesses produce include:

• Literary works (e.g. website copy, email campaigns, training presentations, processed data)
• Artistic works (e.g. graphics, photography, diagrams)
• Dramatic works (e.g. adverts, staged product launches, live-brand experiences)
• Musical works (e.g. jingles, sound logos, soundtracks)
• Films & video (e.g. promotional videos, webinar recordings, video tutorials)
• Sound recordings (e.g. podcasts, recorded speeches, audiobooks)
• Broadcasts (e.g. product launches, live webinars)
• Published editions (e.g. brochures, newsletters, eBooks)
• Crucially, in modern businesses copyright is the main means of protecting software, as well as data sets, and the insights and analysis that working with large data sets can generate.

And more.

While protection is automatic in the UK, proactive steps are vital to safeguard your work and avoid disputes, especially if your business is of a creative nature.

In this article, we'll go through what creative businesses need to know and do before issues arise—to maximise value and minimise the impact of disputes.

Copyright is automatic, but documentation is your safety net

Unlike the US, the UK does not require copyright registration—rights arise the moment you create original work. However, without proof, enforcing ownership becomes challenging. In the case of disputes, this can result in a lot of work after the fact to prove the authorship of a work and when it was created.

Example: A photographer discovers their unattributed image on a competitor’s website. Without dated metadata or contracts, proving ownership is an uphill battle.

When we work with businesses on copyright issues, a lot of the time metadata comes into play. This can be helpful as it often identifies the creator as well as the date of creation.

It's not entirely infallible, though, as it can be edited and amended either manually, by compression or the creation of copies of files.

For this reason, it can be useful to also create a documentation system for employees to keep track of key works.

Things to think about:

• Standardised metadata attributing authorship, time of creation as well as copyright ownership.
• Systems which store drafts, contracts and communications, alongside a database documenting the creation of your key copyright works.

Get your contracts right!

Freelancers and contractors retain copyright by default. Without clear agreements, businesses risk losing rights to critical assets.

We see this come up a lot in disputes around things like websites made by third parties for businesses, as well as other projects where outside help is brought in to create a key business asset.

Notably, in most UK employment relationships, copyrights revert to the business, but contractual clauses in standard employment contracts can be useful for creative businesses.

Example: A marketing agency hires a copywriter but omits IP assignment clauses—the copywriter creates works that are nearly identical for another client. The original business is unable to enforce copyright as they don't actually own the copyright.

What can you do?

• Include IP assignment clauses in all contractor agreements.
• Educate employees about the ownership of copyright, such that if they instruct 3rd parties, they're aware that an assignment is needed.
• For collaborations, define ownership percentages upfront, so that ownership disputes don't emerge later on from a lack of clarity over who owns what.

Licence strategically—don’t assign blindly

Copyright, like many other forms of IP, can be licensed. When a business creates something to commercialise, they often rush to assign it to their client or customer, often undervaluing the work in the process.

Licensing (rather than transferring ownership) lets you retain control while monetising your work. This can take the form of an exclusive license (meaning that only one licensee can make use of the work) or a license that is non-exclusive.

Crucially, it can be revoked under certain conditions in the license and also offers the benefit of more nuanced monetization (e.g. licensing as a revenue stream, rather than a single payment).

Example: A software developer licenses their app code to multiple clients, generating recurring revenue.

What can you do?

• Specify exclusivity, territories, and usage limits in licences.
• Use watermarks or DRM for digital content to track usage.
• Consider different tiers of financial consideration for usage levels, break clauses, and other commercial optimisations.
• Depending on the nature of the copyright work you're looking to grant a license to, and its value to the licensee, you will want to be proportionate in how prescriptive the license agreement will be. If you are looking to license some of your IP and want to know more, get in touch with our team.

Moral rights matter—especially for creatives

Copyright has two key components. Monetary rights and moral rights. When a copyright assignment is sold, it only transfers the monetary rights to the purchaser. It does not grant moral rights (i.e. attribution and authorship) to the new owner.

Creators can demand attribution or object to derogatory use of their work, even after selling copyright.

This offers an important protection to creators on the basis that they always retain ownership of their work, and have the right to request attribution and use of the work in a non-derogatory fashion.

Example: A filmmaker insists on credit in all screenings of their documentary.

What can you do?

• Address moral rights in contracts—waivers must be explicit.
• Ensure crediting terms are included in client agreements.

Prepare for global markets (including the US)

While UK copyright is automatic, the US requires registration to sue for statutory damages.

For creative businesses that have commercial interests in the US (and other registration-based IP regimes), it's important to make sure that you are well placed to enforce your rights in that jurisdiction.

Example: A UK game studio expanding to the US registers key assets to strengthen enforcement.

What can you do?

• Register high-value works (e.g. software, films) with the US Copyright Office if targeting that market.
• Be aware of the Berne Convention (an international harmonisation of copyright law) to streamline protection in 179 countries.

Monitor for unauthorised use and enforce swiftly

Proactive monitoring helps catch infringements early, reducing legal costs and reputational harm.

Copyright is not an examined or registered right, so the onus is on the copyright owner to both define their key works, and regularly monitor for unauthorised usage—then seek support from IP professionals to enforce.

Example: A graphic designer routinely uses Google Reverse Image Search to find unauthorised uses of their portfolio work.

What can you do?

• Set up Google Alerts for key phrases or titles. Routinely search the web and other likely sites of infringement as an ongoing concern.
• Use plagiarism checkers (e.g. Copyscape) for written content.
• If alerted to suspected infringement, gather as much evidence as possible, including proof of authorship and date of creation, before contacting solicitors to enforce.

Wrapping up

In the UK’s knowledge economy, copyright is both a shield and a sword.

By prioritising documentation, metadata, and vigilant monitoring, creative businesses can avoid costly disputes and unlock the full value of their work.

Don’t leave your IP to chance. Book a free consultation with our copyright specialists to build a proactive protection strategy.

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